collective bargaining agreement contract between - Bureau of Indian ...

Section 12. VisitorsVisitors and observers will be allowed to attend and observe arbitration proceedings if mutually agreedupon by the parties and the arbitrator.Section 13. Witness Work SchedulesTo allow approved witnesses to participate in arbitrations, employee schedules may be adjusted to allowfor travel or conflicts with regular days off, subject to mission and workload requirements. The partieswill work to resolve any problems or disputes in this regard well in advance of scheduled arbitrationhearings, provided that witnesses have been timely identified. Overtime pay will not be paid towitnesses or any other arbitration participants.Section 14. Scheduling of ArbitrationThe arbitrator will be responsible for scheduling the hearing on a mutually agreeable date. However, thescheduling of a hearing shall not be delayed due to a parties’ failure to designate a representative. Norshould the hearing be unreasonably delayed, in which case the arbitrator has the authority to unilaterallydetermine the hearing date with notice to all parties.Section 15. WithdrawalA grievance may be withdrawn in writing by the grieving party at any stage prior to the arbitrationhearing. The arbitrator cancellation fees, if any, will be shared equally by the parties, except when anegotiated settlement may apportion costs differently.Section 16. Arbitrator’s FeesArbitrator fees and expenses shall be borne equally by the parties. All arbitrator fees, per diem, travelcosts, and court reporter fees, and expenses will be equally split. If either party requests a transcript, thatparty will bear the entire cost of such transcript.Section 17. Witnesses and RepresentativesA. The parties will pay 100 percent of their own representative(s) and witness fees, travel, per diem,and expenses. The parties will equally share the costs of travel and per diem, as appropriate forany witnesses deemed necessary by the arbitrator.B. The Arbitrator, prior to the hearing, will resolve questions raised as to whether a witness isnecessary. The Union representative, if an employee of the agency, the grievant(s), and anyemployee called as a witness whose presence is determined to be necessary, will be excusedfrom duty and authorized official time, if they would otherwise be in duty status, to the extentnecessary to participate in and prepare for the official proceedings. Overtime will not be paid towitnesses, representatives, or any other arbitration participants.92